Introduction:

Within 60 days after receiving written notice regarding the decision of General Disability Medical Committee , an appeal can be filed regarding the percentage of medical disability rate ad disability start date set by the committee
One can present to the Appeal Committee with an Escort, Translator or Lawyer that may represent the claimant before the committee and speak on his/her behalf
One can apply for reimbursement of the expenses incurred due to the his/her appearance before the Committee
One can appeal a decision of the medical appeal committee regarding legal questions to the Regional Labor Court

Those who have applied for a General Disability Pension and have appeared before the General Disability Medical Committee are able to appeal against the committee's decision regarding the rate of medical disability and the date of the start of disability.

  • The appeal is heard before a medical board of appeals of the National Insurance Institute, consisting of two or three doctors.
  • The medical appeals committee may change the percentage of medical disability determined by the general disability medical committee. In other words, it may determine a higher or lower disability rate than that set by the general disability medical committee.
  • The decision of the medical committee can be appealed on legal issues only to the Regional Labor Court.
  • The process for disability benefits is not simple but also not very complicated. See the chart below and the steps in detail below.
Warning
There are many ways to get free professional help when filing a disability claim:

Target Audience and Prerequisites

To Whom and How to Apply

Appealing to a Medical Appeals Committee

  • A medical committee decision may be appealed within 60 days of receiving the written decision indicating the rate of disability from the National Insurance Institute. The National Insurance Institute will not reject appeals filed within 90 days, but it is advisable to file the appeal on the date set by law, whenever possible.
  • Appeals should be submitted in writing throughwriting an appeal with the National Insurance Institute (Form 7810), and outline the reasons why the decision of the medical board should be changed.
  • The appeal must be submitted in writing to the National Insurance Institute branch closest to the applicant's place of residence. Click here to locate the closest branch.
  • Yad Mechavent provides free advice prior filing an appeal or toward to a hearing by a medical committee

The Medical Committee Appeals Process

  • Medical appeals committee convened within 60 days from filing the application for the purpose of hearing the appeal.
  • The committee is authorized to approve or change the percentage of disability following the filing of the appeal, and add or reduce the percentage of disability set by the medical committee general disability.
  • It is recommended to arrive to the Commission with a companion. More information see accompanied by a medical committee of the National Insurance Institute.
  • If necessary, one can arrive at the committee with a translator or an attorney authorized to represent the insured before the committee and speak on their behalf.
  • One may ask not appear before the Committee during the hearing of the appeal - the application must be sent in the post by a therapist or by contacting the National Insurance Institute hotline on *6050.
  • Course of the Committee's Discussion:
    • At the commencement of the committee, the committee members will be presented by the Secretary of the Commission by full title (in addition, the committee members are wearing identification tags).
    • The claimant will be required to read the claims and sign them.
    • After completion of displaying the committee members, filed an appeal on display and list the arguments which the appeal is based.
    • Sometimes physical examination will be carried out in accordance with the decision of the doctor who sits on the committee.
Example
The Claimant may be required to demonstrate how they perform daily activities such as:
  • How they dress in a shirt or pants, an how they remove it;
  • How they sit down on a chair and how they rise to a standing position;
  • How they move from a lying down position to a sitting position or vice versa;
  • The claimant may be required to fall down and get up, d demonstrate the ability to perform it independently.
  • One may ask the committee to enter with a companion who will be present during the physical examination.
  • One can request that the request the medical examination will be carried out only in the presence of the examining physician and the absence of the Secretary of the Commission.
  • In the event that there is not a physical examination committee's decision will be based on medical documents in the case.
  • The committee's decision will be sent to the claimant month after convening the committee.

Reducing the Percentage of the Disability Pension

  • In the event that the Commission is considering to reduce the disability rate then:
    • You may cancel your appeal and keep the percentage of disability as determined by the medical committee general disability:
    • An obligation on the Commission to stop the debate and noted in the minutes of the committee.
    • In the case when the claimant is not present at the hearing the committee will receive a letter announcing the halt debate on the possibility of reducing the percentage of disability and its possibility to withdraw the appeal.
    • If the claimant wishes to withdraw the appeal must send a letter to the Department of committees and inform them.

Non- appearance before the Committee

Reimbursement of Expenses

  • You can apply for reimbursement for expenses incurred due to the sitting of the Committee (transport, accommodation, finance and loss of working hours).
  • For additional information see: [[he:החזר הוצאות בעקבות התייצבות בוועדה רפואית של המוסד לביטוח לאומי| Reimbursement of Expenses following the sitting of the medical committee of the National Insurance Institute.

Continuing the Process

What now? Additional Details Comments
If you are not satisfied with the decision of the Appeals Committee of the National Insurance Institute regarding medical committee can appeal (legal issues only) Regional Labor Court within 60 days See: Appealing to the Regional Labor Court You can request Free Legal Aid from the Legal Aid Department of the Ministry of Justice.
If you are not satisfied with the degree of incapacity set them, in some cases, you can appeal within 60 days of the decision claims officer. Appealing a Decision relating to Disability
  • You can file an appeal to two types of decisions on the degree of incapacity;:
    1. A decision that was not lost ability to work, or lost by less than 50%..
    2. A decision that the degree of incapacity does not exceed 74%.
  • In the event that the Commission is considering reducing the degree of incapacity, to cancel the appeal and leave the degree of incapacity as determined by the claims officer..
If you are not satisfied with the decision of the Appeals Committee regarding the determination of disability you can file an appeal with the Regional Labor Court (legal issues only) within 60 days. You can requestfree legal aid from the Legal Aid Justice Ministry.
If you wish to appeal a decision of the claims officer not related to degree of incapacity (issues such as periods of your work, your age, your education, your revenue, etc.).
  • You can apply for a for a discussion of the claims within 6 months from the date of rejection of application for the benefit received by the claims officer.
  • Alternatively, if you are not satisfied with the outcome of the Claims Committee, you can submit an appeal to the Regional Labor Court - within 12 months from the date you received the notice of the official's decision regarding pension claims.
  • The Claims Conference is authorized only upon recommendation of the Claims clerk to re-consider its decision.(in instances that it sees fit)
  • Appeal to the Regional Labor Court can request free legal aid from the Legal Aid Justice Ministry.
You can file a claim repeated after 6 months, or if there has been a deterioration in health - without a waiting period. Reexamination of Disability Pension Eligibility

Important to Note

  • The appeal of the decision of the medical board general disability must be submitted within 60 days of receiving written notification from the NII regarding the percentage of disability. While NII does not reject the appeals filed within 90 days, but it is advisable to file the appeal on the date specified in the law as far as possible.

Credits